NEW INDIA ASSURANCE CO. LTD Vs. SEEMA DEVI

JUDGEMENT

(1.) This is an appeal filed by the insurance company as has been held liable to pay compensation to respondents no. 1 to 4 herein by the learned Motor Accidents Claims Tribunal, Chandigarh, vide its Award dated 18.10.2016, such compensation being of an amount of Rs. 18,89,640/- + interest @ 6% per annum on the aforesaid amount, running from the date of the filing of the claim petition, till the realization of the amount. Such interest was however ordered to be increased to 12% per annum, starting from the date of the filing of the claim petition till realization, if the amount was not paid within two months of the date of the Award. Other than that, costs of Rs. 2,000/- have also been awarded to the said respondents, who were the claimants before the Tribunal. The claimants had sought compensation on account of the unfortunate death of Pawan Kumar, husband of the first respondent, father of respondents no. 2 and 3 and son of respondent no. 4.

(2.) The facts giving rise to the institution of the claim petition under Section 166 of the Motor Vehicles Act, 1988, are that (as per the respondent- claimants), Pawan Kumar was going from Mullanpur Garibdass to village Nada, seated pillion on a motor-cycle bearing registration no. PB-65-L-2335, owned and driven by respondent no. 5 herein, i.e. Jarnail Singh, who is contended to have been driving the motor-cycle in a rash and negligent manner. As per the claimants, when the motor-cycle reached near the Gurdwara Sahib in the area of village Shingariwala, an unknown car came at a fast speed from village Jayanti Majra from the opposite side, and struck against the motor-cycle, which, as already said, was alleged to have been driven in a rash and negligent manner. Due to the accident, Pawan Kumar received serious injuries and upon being taken to the hospital, was declared to have been brought dead. Thus, as per the respondents-claimants, the accident took place due to the negligence of both, respondent no. 5, as also the driver of the unknown car.

(3.) It was further contended that Pawan Kumar was 37 years old, a labourer earning about Rs. 12,000/- per month and that the claimants therefore, being completely dependent upon him for their livelihood, Rs. 75,00,000/- was payable as compensation by the respondents.